[2025] FWC 2269
Citation: [2025] FWC 2269
What happened
Mr. Kwasi Kyei, a driver for Rasier Pacific Pty Ltd (Uber), was deactivated from the Uber Driver platform. He sought an unfair deactivation remedy under the Fair Work Act 2009, but his application was lodged outside the 21-day statutory period. Mr. Kyei contends he was notified of the deactivation on 19 March 2025, while the Respondent claims it was 19 March 2025. He sought an internal review and contacted Fair Trading and ‘Point to Point’ before lodging the application on 8 June 2025.
What was decided
The Fair Work Commission Deputy President Roberts considered whether to extend the time period for Mr. Kyei’s application. While acknowledging Mr. Kyei’s attempts to dispute the deactivation, the Commission found the reasons for the delay were not exceptional. The Commission determined the deactivation took effect on 19 March 2025, resulting in a 60-day delay. The application was not granted an extension of time.
What it means for employers
Employers using digital labour platforms should ensure drivers are clearly informed about their rights, appeal processes, and relevant time limitations for lodging applications. Providing clear and timely information can help avoid delays and potential complications arising from out-of-time applications.
What it means for employees
Employees should be aware of the strict time limits for lodging unfair deactivation applications. Seeking advice and lodging applications promptly, even while pursuing internal reviews, is crucial to protect their rights. Understanding the Digital Labour Platform Deactivation Code is also important.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc2269.pdfWant more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →